Marsh v Sofaer & Anor

None of the grounds advanced by the defendants for a wasted costs order against Judkins are made out; Judkins did not act improperly, unreasonably, or negligently in pursuing the proceedings.

Parties: Claimant: EFI MARSH; Defendant: CLIVE SOFAER; Defendant: GRIFFINHOOFE & CO (a firm); Respondent: JUDKINS (a firm)
Jurisdiction: England and Wales
Judgment Date: 25 May 2006
Procedural Posture: Application for Wasted Costs Order / Post Discontinuance, Costs Determination
Outcome: application dismissed
Legal Topics: Wasted Costs, Mental Capacity, Limitation Period, Solicitor's Duty, Strike Out Applications

Civil Procedure Professional Negligence Wasted Costs Mental Capacity Limitation Period Solicitor's Duty Strike Out Applications

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 4

Parties

EFI MARSH

Claimant

CLIVE SOFAER

Defendant

GRIFFINHOOFE & CO (a firm)

Defendant

JUDKINS (a firm)

Respondent

Procedural Posture

Application for Wasted Costs Order / Post Discontinuance, Costs Determination

Legal Issues

1 Whether Judkins acted improperly, unreasonably, or negligently in pursuing the proceedings against the defendants
2 Whether Judkins should pay a wasted costs order for the defendants' costs
3 Whether the claimant lacked mental capacity for the purposes of limitation

Ratio Decidendi

None of the grounds advanced by the defendants for a wasted costs order against Judkins are made out; Judkins did not act improperly, unreasonably, or negligently in pursuing the proceedings.

Court Disposition

application dismissed

Orders

Defendants' application for wasted costs order against Judkins is dismissed.